RES 141 Draft 01 2012-2014 - Laserfiche WebLink

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Smith Trust's Land and coffee trees that were removed and the Smith Trust shall provide such Right-of-Way subject to and in accordance with this Agreement. 2.2 Location. That the properties to be provided for the Right-of-Way are described in and delineated in Exhibit"C" attached hereto and made a part hereof. 2.3. Standards for the Construction of the Bypass Highway. The Bypass Highway shall be constructed in conformance with the standards of the County's Department of Public Works for Ali`i Highway, subject, however,to such modifications as may be required by said Department of Public Works. The two-lane paved surface of the Bypass Highway shall be constructed within the Right-of-Way. Construction of the Bypass Highway shall be subject to the standards and requirements of the County's Department of Public Works for Ali`i Highway and to such modifications as may be deemed necessary by said Department of Public Works, including,without limitation,those set forth on Exhibit"D" attached hereto, and to existing terrain and other ground conditions within the Right-of-Way. 3. Subdivision Right-of-Way. Within one hundred eighty (180) days from the date of this Agreement,the County agrees that it shall commence to subdivide the Right-of-Way from the Smith Trust's Land("Subdivision") and shall pursue such subdivision work and process with the County in a continuous manner and shall diligently pursue same to conclusion at its sole cost and expense. Smith Trust agrees that it shall fully cooperate with the County and its consultants in said subdivision work and process and shall, at the request of the County, execute all reasonably necessary documents, applications and other submissions relating to said Subdivision to County and/or State of Hawai`i agencies and/or departments, which relate to said Subdivision. 4. Relinquishment of Ownership of Right-of-Way. 4.1 Conveyance of Right-of-Way: Upon the County's payment of the Right- of-Way, Smith Trust shall convey such Right-of-Way to the County by way of a limited warranty deed(in lieu of condemnation) in the form attached hereto as Exhibit"E"("Limited Warranty Deed"), free and clear of all liens, encumbrances and claims of any nature, except those permitted by the grantee as set forth on said Exhibit"E." All costs of such conveyance, including, without limiting the generality of the foregoing,the costs of subdividing the Right-of- Way from the Smith Trust's Land to permit such conveyance, surveyor's fees incurred in connection with the preparation of any subdivision map and real property conveyance tax shall be borne by the County. 5. Specific Covenants of County: Concurrently with its construction of the Bypass highway on Smith Trust's Land, and at no cost or expense to the Smith Trust,the County agrees to do the following: 5.1 New Driveway. The County will construct a new concrete driveway as illustrated on Exhibit"F"to provide access to the residence on TMK: (3) 8-1-009:004 and to provide future access to TMK: (3) 8-1-009:005. This driveway will typically be 10 feet wide and will include a 30 feet wide apron at Napo`opo`o Road with 15 feet radius returns. The grade of the driveway will be approximately 3 percent for the first 50 feet. It is anticipated that the grade 3